Abdul Rahman Sebli JC:

The Agreed Facts

[1] By a deed of assignment dated 10 November 2006, Can Tho Agricultural Foodstuff Export Company and Thot Not General Commerce Company assigned their rights, interest, benefits and entitlement in 103,175 bags of rice ("the subject rice") to the plaintiff. The 1st defendant through its department, the Bahagian Kawalselia Padi dan Beras on 17 April 2006 obtained from the Tawau magistrate a warrant of search and seizure of the subject rice pursuant to which the subject rice was seized by the 1st defendant. On 20 April 2006 the defendants took possession of the subject rice.

The Claim

[2] The plaintiff's claim, inter alia, is for the following relief:

Declaration that the Subject Rice Cargo does not fall within the purview of the Control Act with the Consequential Declaration that the Defendants were not entitled to seize or sell the Subject Rice Cargo with all acts undertaken by the Defendants including that connected with the said Warrant being a nullity.

The Issues

[3] The plaintiff has submitted eight issues to be tried and the learned SFC appears to have agreed to them. The issues are the following:

1. Whether the subject rice was